Religion, Law, and the Constitution

This tightly reasoned book brings a measure of coherency to this controversial, fast-moving, and seemingly chaotic field of law. It begins by recounting the history of American religious liberty, from its Lockean origins to the First Amendment to the present day. The book goes on to identify a set of embedded and evolving constitutional values, values reflecting both individual rights and broader structural concerns. Drawing upon these values as explanatory tools, the book explores and evaluates the Supreme Court’s contemporary First Amendment doctrine under the Free Exercise and Establishment Clauses, as well as its protection of religious speech under the Free Speech Clause. A separate chapter discusses other important sources of religious freedom, including the Religious Freedom Restoration Act and the Religious Land Use and Institutionalized Persons Act.

Now in its second edition, the book provides comprehensive coverage of all of the major facets of the Supreme Court’s decisionmaking, including important developments since the first edition was published. It provides selective coverage of lower court decisions as well, and it includes references to leading academic works. In its concluding chapter, the book highlights ongoing developments in the American religious landscape and explains how they might affect the future of religious liberty in the United States.

Offering clear exposition combined with sophisticated analysis, this book will be of value not only to students but also to scholars, lawyers, and judges.

Imprint: Foundation Press
Series: Concepts and Insights
Publication Date: 06/24/2022
Related Subject(s): Constitutional Law, First Amendment